Does a handwritten notation on a certificate of probable cause limit the scope of appellant's appeal rights?

California, United States of America


The following excerpt is from People v. Ruiz, F068737 (Cal. App. 2016):

We agree with appellant that the handwritten notation on the certificate of probable cause does not limit the scope of his appeal rights. (People v. Hoffard (1995) 10 Cal.4th 1170, 1180 [appellate court is permitted to consider cognizable issues in addition to those identified in a defendant's written statement to obtain a certificate of probable cause].) Further, although this record demonstrates that the parties agreed appellant would waive his appeal rights as part of the plea bargain, this record does not establish that appellant ever gave a knowing and intelligent waiver of those rights. Appellant did not orally waive his appeal rights before the trial court and no change of plea form appears in the appellate record. Accordingly, we will address appellant's contentions.

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